18 July 2020

Prison is primarily for punishing convicts ; not for detaining undertrials in order to send any 'message' to society

While in the additional status report the State says that 
“.... Granting of bail at this early stage may send an adverse message in the society and such crimes should not
be allowed to happen in the national capital. ....”. 
(Emphasis supplied) 

Prison is primarily for punishing convicts ; not for detaining undertrials in order to send any 'message' to society
this court is of the view that that cannot be basis for denying bail, if the court is otherwise convinced that no purpose in aid of investigation and prosecution will be served by keeping the accused in judicial custody. Prison is primarily for punishing convicts ; not for detaining undertrials in order to send any ‘message’ to society. The remit of the court is to dispense justice in accordance with law, not to send messages to society. It is this sentiment, whereby the State demands that undertrials be kept in prison inordinately without any purpose, that leads to overcrowding of jails ; and leaves undertrials with the inevitable impression that they are being punished even before trial and therefore being treated unfairly by the system. If at the end of a protracted trial,  the prosecution is unable to bring home guilt, the State cannot give back to the accused the years of valuable life lost in prison. On the other hand, an accused would of course be made to undergo his sentence after it has been awarded, after trial. [Para No.16]




Delhi High Court

Firoz Khan
Vs.
State (Nct Of Delhi)

Decided on 29/05/2020




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